VEERESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India, for the issue of a writ of mandamus or any other appropriate writ directing the State of Andhra Pradesh to reinstate the petitioner in service.

(2.) The circumstances giving rise to this petition are somewhat exceptional and must be stated in detail. On 6th September, 1946, Veereswara Rao, the petitioner before us, was appointed to the post of permanent III Grade Typist in the Office of the Hyderabad Municipal Corporation. While he was so employed, the Government appointed him, on 3Oth April, 1947, as a clerk in the Paishi Office of the Deputy Minister for Supply and Agriculture. Subsequently, on 14th August, 1947, he was appointed as a II Grade clerk in the Supply Secretariat. On 16th September, 1948, the Government informed the Commissioner, Hyderabad Municipal Corporation, that the petitioner's lien on the substantive post which he held in the Corporation might be cancelled. On the abolition of the Paishi Office, his lien in the Municipal Corporation Office was revived on 9th October, 1949. The petitioner thereupon made a representation to the 'Grievances Committee", and as is clear from its proceedings, the Committee decided on 10th November, 1949 that he should be promoted as II Grade Typist in the Supply Department. On 1st May, 1950, he was promoted to the post of II Grade clerk in the Agricultural Marketing Fund. He was again appointed as a II Grade Typist in the Supply Department with effect from 1st April, 1952. On 31st March, 1953, he was absorbed as II Grade clerk in the Rural Reconstruction and Supply Department. On 2gth January, 1955, he was served with a notice that his service would be terminated with effect from 1st April, 1955. On receipt of this notice, the petitioner made representations to the concerned authorities. While so, on 30th March, 1955, the Secretary to Government in the Supply Department wrote to the "Private Secretary to the Minister for Supply, Agriculture and Planning, as follows :- "As per the above endorsement, Sri Veereswar Rao, II Grade clerk of this Department, is being directed to report to you for duty in the afternoon of 31st March, 1955."

(3.) On the 28th September, 1956, the petitioner received a communication from the General Administration Department of the erstwhile Government of Hyderabad, that he should contact the Employment Exchange Office so that he might be absorbed in a suitable post. On the 10th October, 1956, he was given an Efficiency Certificate signed by the Private Secretary to the Minister for Supply, Agriculture and Rehabilitation, which reads : "Shri Veereswar Rao, II Grade clerk of the Paishi Office of the Deputy Minister for Supply and Agriculturre, is due an annual grade increment on 22nd August, 1955. His services during the last one year is found satisfactory. Therefore, he is granted an annual increment and is allowed to cross the efficiency bar. His pay on 22nd August, 1955, will be Rs. 136 plus 3-9-0 personal pay per mensem."